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Joshua Kaye  


Partner
Co-Chair, US Health Care Sector

joshua.kaye@dlapiper.com

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200 South Biscayne Boulevard
Suite 2300
Miami, Florida 33131-5341
United States
T: +1 305 423 8521   F: +1 305 675 6329

Joshua Kaye is a partner in the global law firm of DLA Piper where he serves as the co-chair of the firm's Health Care sector and is based in the Miami office.

Mr. Kaye concentrates his practice in health care mergers and acquisitions and the development of innovative business models within the health care industry. Mr. Kaye advises clients in all aspects of federal and state health care regulatory matters, including anti-kickback, self referral laws, state licensure, Certificate of Need, insurance laws and HIPAA.

Some of his more notable work includes:

Health care private equity: Mr. Kaye represents a number of private equity sponsors in their health care acquisitions and divestitures, and the on-going representation of their health care portfolio companies, having developed a niche in addressing health care driven transaction structure issues as well as health care regulatory due diligence issues. On the acquisition side, his work has been geared toward leveraged buyouts and has included multiple leveraged buyouts of national and regional ambulatory surgical center companies, multi-site imaging center businesses and home health care companies. He has advised private equity clients in their acquisitions and worked closely with their due diligence teams to quickly identify health care regulatory issues ranging from health care fraud and abuse concerns, Medicare billing issues and federal and state licensure issues.

Ambulatory surgical centers: Mr. Kaye represents national and regional ASC management companies, independent ASCs and individual physician investors with all of their transactional, regulatory and litigation needs. His national experience includes ASC transactions in California, Colorado, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Michigan, North Dakota, New Jersey, New York, North Carolina, Texas and other states. His experience includes syndicating startup ASCs, selling and redeeming physician equity interests, squeeze-out mergers, buying and selling equity stakes in ASCs on behalf of, or to, large private-equity funded and publicly traded corporate buyers, revising governing documents and developing business models to facilitate an ASC’s capture of ancillary revenue streams, including diagnostic imaging, anesthesia and pathology services.

Hospitals and health systems: Mr. Kaye represents hospitals and health systems in a wide array of health care transactional and regulatory matters with a particular focus on developing innovative business models involving hospital/physician joint ventures or contractual arrangements.

Diagnostic imaging and ancillary services: Mr. Kaye represents hospitals and health systems, independent diagnostic testing facilities and group practices in connection with their diagnostic imaging transactions and regulatory issues. He has been instrumental in the development and refining of cutting edge business models related to the delivery of such services, including developing quality and efficiency measured productivity arrangements, shared-ancillary arrangements, and ancillary-only management business models that have permitted health systems, group practices and imaging centers to collaborate in the delivery of various diagnostic imaging modalities and ancillary services (such as PET, CT, MRI, ultrasound, greenlight, lithotripsy, radiation therapy, cyber-knife, nuclear camera, clinical lab, pathology, physical therapy and dispensing prescriptions).

Concierge medicine: Mr. Kaye was part of the team that developed the health care business model for the largest concierge medical practice in the United States. He advises medical practices on transitioning to a concierge practice as well as with the ongoing transactional and regulatory issues of the concierge practice.

Medical groups and physicians: Mr. Kaye represents numerous medical groups in all of their transactional and regulatory needs, including the development of super groups to capture ancillary revenues and working with clients to satisfy their physician compensation goals in a manner that is compliant with the Stark Law and other health care regulations. Mr. Kaye also assists medical groups and physicians with employment agreements, enforceability of non-compete provisions, professional service agreements, administrative service agreements, governing documents and a range of other transactional and regulatory matters.

Urgent care, practice management and health care consultants: Mr. Kaye represents a number of urgent care companies, physician practice management companies and other health care provider consulting companies in developing their business models from a transactional and health care regulatory perspective. His clients include multiple private equity funded urgent care companies and physician practice management companies in assisting them with all of their health care transactional and regulatory matters.

Durable medical equipment: Mr. Kaye has substantial experience in the durable medical equipment and incontinence health care industry, having represented several clients in all of their transactional and regulatory matters relating to the delivery of home care products vis-à-vis the Internet, agency agreements, marketing initiatives and other matters.

Health care regulatory: Mr. Kaye has represented clients investigated by various federal and state agencies, including the Centers for Medicare and Medicaid Services, the Department of Health and Human Services Office of Inspector General, the Florida Agency for HealthCare Administration, the Florida Board of Medicine and the Office of the Attorney General of the State of Florida.

Community and pro bono services: Mr. Kaye has taken part in multiple pro bono efforts involving the National Center for Refugee and Immigrant Children, representing unaccompanied minors in asylum matters and the Florida Legal Aid – Put Something Back Program in the representation of children with learning disabilities. He also oversees and has been involved in pro bono efforts involving Women In Distress, Inc., the Kids First Pro Bono Program and a variety of representations of nonprofit corporations with general corporate matters.

Mr. Kaye frequently lectures and writes articles on health care transactional and regulatory issues affecting physician groups, ambulatory surgery centers and other ancillary health care providers.

Before joining DLA Piper, Mr. Kaye was a partner with McDermott Will & Emery, where he was co-chair of its Health Transactions practice and Ambulatory Surgical Center practice and hiring partner of the firm's Miami office, as well as a former partner-in-charge of the office's Community and Pro Bono Services Committee. Chambers USA: America's Leading Lawyers for Business has repeatedly named him. The Florida Bar recognizes him as a "Board Certified Health Law Attorney" and he is listed in The Best Lawyers in America.

Admissions

  • Florida

Memberships

  • Florida Bar – Health Law Section
  • American Health Lawyers Association

Publications

Mr. Kaye's articles can be found in Outpatient Surgery, SurgiStrategies, Administrative EyeCare, Ambulatory Surgery Compliance & Reimbursement Insider and other publications.

He is the co-author of a chapter in Ambulatory Endoscopy Centers: A Primer (American Society for Gastrointestinal Endoscopy) (with Jerry Sokol)


EDUCATION

  • J.D., University of Miami School of Law 2000 magna cum laude
    Order of the Coif
    Managing Editor, University of Miami Law Review
  • B.A., University of Florida with honors
    Delta Sigma Pi Professional Business Fraternity

EDUCATION

  • J.D., University of Miami School of Law 2000 magna cum laude
    Order of the Coif
    Managing Editor, University of Miami Law Review
  • B.A., University of Florida with honors
    Delta Sigma Pi Professional Business Fraternity

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